HomeMy WebLinkAboutReso 85-10 Encouraging Candidates to Use the Code of Fair Campaign PracticesRESOLUTION NO. 85 -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********
ENCOURAGING CANDIDATES TO USE THE
CODE OF FAIR CAMPAIGN PRACTICES
WHEREAS, it is desired by the Dublin City Council that candidates for the office of
Dub~in City Council ascribe to a code of ethics in conducting their campaigns; and
WHEREAS, existing State law provides a form of such a code (CA Elections Code
§20400) and the City's Election Officer (City Clerk) is required to distribute the form of the code
to each person at the time he/she is issued papers evidencing an intention to be a candidate for
City Council; and
WHEREAS, the existing, State form of a Code of Ethics suggests the principles to which
candidates for City Office should ascribe.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY
RESOLVE THAT:
1. All persons intending to run for the office of City Council are encouraged to review
and execute the Code of Fair Campaign Practices as codified in California Elections Code
§20440, as set forth in Exhibit A attached hereto.
PASSED, APPROVED AND ADOPTED this 1St day of June, 2010, by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTE :
~~ ~
City C~erk
~ '~
~,~ nr;.... : ~'~
Mayor
Reso No. 85-10, Adopted 6-1-10, Item 8.2 Page 1 of 1
Required to be given [o candicJate Optional to be signed and returned ~~~
CODE OF FAIR CAMPAIGN PRACTICES
(Division 20, Chapter 5, Elections Code_j
Chapter 5. Fair Campaign Practices
Articie 1. Genera! Ir~tent
20400. The Legisfature hereby declares that the purpose of this chapter is to encourage every
candiciate for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this state
who subscribes to the Code of Fair Campaign Practices wilf follow the basic principles o# decency,
honesty, and fair play in orderthat, aftervigorousiy contested, but fair[y conducted campaigns, the
citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical
practices wt~ich tend to prevent the fulJ and free expression of the wilt of the voters.
The purpose in creating the Code of Fair Campaign Practices is to give voiers guidelines
in determining fair play and to encourage candidates to discuss issues instead of untruths ar
distortions. ~
Article 2. Definitions
2042d. As used in this Chapter, "Code" means the Code of Fair Campaign Practices.
Article 3. Code of Fair Campaign Practices
20440. At the time an individual is issued his or her dectaration of candidacy, nomination papers, or
any other paper evidencing an intention to be a candidate for public office, the elactions officia~ shal(
give ttie individual a blank form of the code and a copy of this chapter. The elections official sMadf
inform each candidate for public office that subscription to the code is voluntary.
In the case of a committee making an independent expenditure, as detined in Section
8203~ of the Government Code, the Secretary of State sha!! provide a blank form and a copy of this
chap#er to the individual filing, in accordance with Title 9(commencing with § 81000) ot the
Government Code, an initial campaign statement o~ behalf of the committee.
The text of the Code sha![ read, as foflows: {See "CODE OF FAIR CAMPA(GM
PRACTICES" on reverse side).
20442. The elections official shall accept, at all times prior to the efec#ion, adl comp~eted forms
which are properly subscribed to by a candidate for public office and shall reiain therri for public
inspection until 30 days af#er the election.
20443. Every code subscribed to by a candidate for public office pursuant to this chapfer is a
public record open for public inspection.
20444. In no event shail a candidate for public office be required to subscribe to or endorse the
code.
OiFORMSWomination pocumemslCode o1 Fak Campaigrt PracUces.doc
2008/ Revise0 2608
ATTACHMENT 3
Required to be given to candidate Op[ional to be signed and returned `~ ~~
CODE OF' ~AIR CAMP~IGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for
pubiic office in the State af California has a moral obligation to observe and uphold in order that,
after vigorously contested but fairly conducted ~ampaigns, our citizens may exercise their
constitutional right to a free and untrammsled choice and the wi{l of the people may be fully and
clearly expressed on the issues.
THEREFORE:
(i) I SHALL CONDUCT my campaign openly anc! publicly, discussing the issues as f
see them, presenting my record and policies with sincerity and franicness, and criticizing without
fear or favor the record and policies of my opponents or political parties that merit this criticism.
l2) t SHALL 1~lOT USE OR PERMlT the use of character defamation, whispering
campaigns, libef, slander, ar scurrifous attacks on anycandidate or his or her personal orfamily life.
(3) ! SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a
candidate's actual or perceived race, religious creed, eolor, nationa! origin, ancestry, physieal
disabifiry, mental disability, medical condi#ion, mar~tal status, age, sexual orientation, sex, ir~cluding
gender idenfity, or any other characteristic set forth in Section 12940 of the Government Code, or
association with another person wha has any of the actual or perceived characteristics set forth in
Section 12940 of the Government Code.
(4} I SHALL NOT USE OR PE#~MiT any dishonest or unethicai practice that tends to
corrupt or undermine our American system of free siections, or thaf hampers or prevents the fulf
and free expression of the will of the voters including acts intended to hinder or prevent any eligible
person from regisfering to vote, enrolling to vote, or voting.
(5} t SHALL NOZ coerce election help or campaign contributions for myself or for any
other candidate from my employees.
{6) I SHAL.L IMMEDIATELY AND PUBLICl.Y R~PUDIATE support deriving from any
individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent,
to the methods and tactics that I condemn. I shall accept responsibility to take firm action agaEnsi
any subordinate who v~olates any provision of this code or the laws governing slections.
(7} I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full
and equal participation in the efecforal process.
I, the undersigned, candidate for election to public office in the State of California or
treasurer or chairperson ot a committee making any independent expenditures, hereby voluntarily
endorse, subscribe to, and solemn~y pledge myself to c~nduct my campaign in accordance with the
above principles and practices.
Signature Date
Printed Name
Date af Etection
0:1FORM51Nomination DocumemslCotle oi Fair Campaign Procticas.doc
2008 /~Revised 2006
MC Electlons